Texas 2017 - 85th Regular

Texas House Bill HB3259 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11116 AJZ-D
2	2	By: Shaheen H.B. No. 3259
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of penalties imposed by a local
8	8	authority using a photographic traffic signal enforcement system.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 707.007, Transportation Code, is amended
11	11	to read as follows:
12	12	Sec. 707.007. AMOUNT OF CIVIL PENALTY; LATE PAYMENT
13	13	PENALTY. (a) If a local authority enacts an ordinance to enforce
14	14	compliance with the instructions of a traffic-control signal by the
15	15	imposition of a civil [or administrative] penalty, the amount of:
16	16	(1) the civil [or administrative] penalty may not
17	17	exceed $75; and
18	18	(2) a late payment penalty may not exceed $25.
19	19	(b) The county attorney for the county or the municipal
20	20	attorney for the municipality in which the violation is alleged to
21	21	have occurred may bring suit to collect the civil penalty.
22	22	SECTION 2. Section 707.008(b), Transportation Code, is
23	23	amended to read as follows:
24	24	(b) A local authority may retain an amount necessary to
25	25	cover the costs of:
26	26	(1) purchasing or leasing equipment that is part of or
27	27	used in connection with the photographic traffic signal enforcement
28	28	system in the local authority;
29	29	(2) installing the photographic traffic signal
30	30	enforcement system at sites in the local authority, including the
31	31	costs of installing cameras, flashes, computer equipment, loop
32	32	sensors, detectors, utility lines, data lines, poles and mounts,
33	33	networking equipment, and associated labor costs;
34	34	(3) operating the photographic traffic signal
35	35	enforcement system in the local authority, including the costs of
36	36	creating, distributing, and delivering violation notices, review
37	37	of violations conducted by employees of the local authority, and
38	38	the processing of fine payments and collections[, and the costs
39	39	associated with administrative adjudications and appeals]; and
40	40	(4) maintaining the general upkeep and functioning of
41	41	the photographic traffic signal enforcement system.
42	42	SECTION 3. Section 707.011(c), Transportation Code, is
43	43	amended to read as follows:
44	44	(c) The notice of violation must contain:
45	45	(1) a description of the violation alleged;
46	46	(2) the location of the intersection where the
47	47	violation occurred;
48	48	(3) the date and time of the violation;
49	49	(4) the name and address of the owner of the vehicle
50	50	involved in the violation;
51	51	(5) the registration number displayed on the license
52	52	plate of the vehicle involved in the violation;
53	53	(6) a copy of a recorded image of the violation limited
54	54	solely to a depiction of the area of the registration number
55	55	displayed on the license plate of the vehicle involved in the
56	56	violation;
57	57	(7) the amount of the civil penalty for which the owner
58	58	is liable;
59	59	(8) the number of days the person has in which to pay
60	60	or contest the imposition of the civil penalty and a statement that
61	61	the person incurs a late payment penalty if the civil penalty is not
62	62	paid or imposition of the penalty is not contested within that
63	63	period;
64	64	(9) a statement that the owner of the vehicle in the
65	65	notice of violation may elect to pay the civil penalty by mail sent
66	66	to a specified address instead of contesting the imposition of the
67	67	civil penalty in court [appearing at the time and place of the
68	68	administrative adjudication hearing]; and
69	69	(10) information that informs the owner of the vehicle
70	70	named in the notice of violation[:
71	71	[(A)] of the owner's right to contest the
72	72	imposition of the civil penalty against the person in court
73	73	following procedures generally applicable in civil courts [an
74	74	administrative adjudication hearing;
75	75	[(B) that imposition of the civil penalty may be
76	76	contested by submitting a written request for an administrative
77	77	adjudication hearing before the expiration of the period specified
78	78	under Subdivision (8); and
79	79	[(C) that failure to pay the civil penalty or to
80	80	contest liability for the penalty in a timely manner is an admission
81	81	of liability and a waiver of the owner's right to appeal the
82	82	imposition of the civil penalty].
83	83	SECTION 4. Sections 707.013(c) and (e), Transportation
84	84	Code, are amended to read as follows:
85	85	(c) The [Notwithstanding Section 707.014, the] presentation
86	86	of evidence under Subsection (b) by a person who is in the business
87	87	of selling, renting, or leasing motor vehicles or did not own the
88	88	vehicle at the time of the violation must be made by affidavit [,
89	89	through testimony at the administrative adjudication hearing under
90	90	Section 707.014,] or by a written declaration under penalty of
91	91	perjury. The affidavit or written declaration may be submitted by
92	92	mail to the local authority [or the entity with which the local
93	93	authority contracts under Section 707.003(a)(1)].
94	94	(e) If, at the time of the violation alleged in the notice of
95	95	violation, the motor vehicle depicted in the photograph or digital
96	96	image taken by the photographic traffic signal enforcement system
97	97	was owned by a person in the business of renting or leasing motor
98	98	vehicles and the vehicle was being rented or leased to an
99	99	individual, the owner of the motor vehicle shall provide to the
100	100	local authority [or the entity with which the local authority
101	101	contracts under Section 707.003(a)(1)] the name and address of the
102	102	individual who was renting or leasing the motor vehicle depicted in
103	103	the photograph or digital image and a statement of the period during
104	104	which that individual was renting or leasing the vehicle. The owner
105	105	shall provide the information required by this subsection not later
106	106	than the 30th day after the date the notice of violation is
107	107	received. If the owner provides the required information, it is
108	108	presumed that the individual renting or leasing the motor vehicle
109	109	committed the violation alleged in the notice of violation and the
110	110	local authority or contractor may send a notice of violation to that
111	111	individual at the address provided by the owner of the motor
112	112	vehicle.
113	113	SECTION 5. Sections 707.009, 707.012, 707.014, 707.015, and
114	114	707.016, Transportation Code, are repealed.
115	115	SECTION 6. This Act takes effect September 1, 2017.